Supreme Court judgment about misappropriation in office case

15 July 2011

A mixed panel of two Kosovo judges and one EULEX judge at the Supreme Court in an appeal judgment largely confirmed and partially modified the first instant verdict of the District Court Prishtinë/Priština against Nexhat Daci and Ahmet Alishani from 10 November 2010.

The Supreme Court confirmed the conviction of Nexhat Daci for misappropriation in office and the sentences.

The Supreme Court modified the first instance judgment for merely formalistic reasons with respect to the contribution of Ahmet Alishani, and re-wrote parts of the enacting clause, whilst the qualification of Ahmet Alishanis contribution as assistance to misappropriation in office as committed by Nexhad Daci was upheld. The Supreme Court also ordered the defendants to jointly compensate 1.540 Euro to the assembly for the damage caused by the criminal acts. The prohibition for Nexhat Daci to exercise public functions was annulled.

The case related to the purchase of property and services upon order of Nexhat Daci paid for by the budget of the Assembly of Kosovo but used privately. Nexhat Daci at the time held the position of President of the Assembly and Ahmet Alishani was a Security Advisor to the President of the Assembly.

The District Court in 2010 found Nexhat Daci guilty of misappropriation in office and sentenced him to one year and 6 months of imprisonment. Ahmet Alishani assisted in the criminal offense and was sentenced to 6 months imprisonment. Both sentences were suspended with a verification period of 2 years. In addition the court imposed a prohibition of exercising public function for two years after the punishment has been served.

This appeal judgment was announced on 13 July 2011. The judgment of the Supreme Court is final. There are no legal measures against this decision.